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The Corporation of the City of Kawartha Lakes Agenda Committee of Adjustment Meeting COA2019-06 Thursday, June 20, 2019 1:00 P.M. Council Chambers City Hall 26 Francis Street, Lindsay, Ontario K9V 5R8 Members: Councillor E. Yeo David Marsh Andre O'Bumsawin Sandra Richardson Lloyd Robertson Steve Strathdee Accessible formats and communication supports are available upon request. Pages 1. Call to Order 2. Administrative Business 2.1 Adoption of Agenda 2.1.1 COA2019-06.2.1.1 June 20, 2019 Committee of Adjustment Agenda 2.2 Declaration of Pecuniary Interest 2.3 Adoption of Minutes 2.3.1 COA2019-05.2.3.1 5 - 16 May 16, 2019 Committee of Adjustment Minutes 3. New Applications 3.1 Minor Variances 3.1.1 COA2019-034 17 - 26 Quadri Adebayo, Planner II File Number: D20-2019-023 Location: 467 Sandhills Road Part Left-North Half Lot 8, Concession 8, Part 1, 57R-5396 Geographic Township of Eldon Owners: Patricia and William White Applicant: Patricia White 3.1.2 COA2019-035 27 - 38 David Harding, Planner II File Number: D20-2019-024 Location: 202 Moorings Drive Part West Half of Lot 24, Concession 1, Part 1, 57R-5054 Geographic Township of Somerville Owners: Wayne and Brian Alldridge Applicant: Doug Van Halteren 2 3.1.3 COA2019-036 39 - 52 David Harding, Planner II File Number: D20-2019-025 Location: 80 McLeish Drive Part Lot 17, Plan 313, Part Shore Road Allowance, Part 1, 57R-10642 Geographic Township of Dalton Owners: Shane and Barbara Sherar 3.1.4 COA2019-037 53 - 63 Quadri Adebayo, Planner II File Number: D20-2019-026 Location: 64 Sturgeon Crescent Part Lot 3, Concession 8, Plan 593, Lot 12 Geographic Township of Fenelon Owners: Charlotte and William Hastie Applicant: Garry Newhook 3.1.5 COA2019-038 64 - 76 David Harding, Planner II File Number: D20-2019-027 Location: 15 Courtney Lane Part Lot 15, Concession 8 Geographic Township of Verulam Owners: Sergey and Elena Bogdanets Applicant: Sergey Bogdanets 3.2 Consents 4. Deferred Applications 4.1 Minor Variances 3 4.1.1 COA2019-010 77 - 92 Quadri Adebayo, Planner II File Number: D20-2019-003 Location: 23 Westview Drive Part Lot 17, Concession 8 Geographic Township of Emily Owner: Betty Ann Oliver 4.1.2 COA2019-040 93 - 155 Quadri Adebayo, Planner II File Number: D20-2019-009 Location: 20 Griffin Drive Part of Lot 19, Concession 7, Lot 4 on Plan 327 Geographic Township of Somerville Owner: Frank Danek Applicant: Phillip Danek 4.2 Consents 5. Other Business 6. Correspondence 7. Next Meeting The next meeting will be Thursday, July 18, 2019 at 1:00pm. in Council Chambers, City Hall. 8. Adjournment 4 1 The Corporation of the Gity of Kawartha Lakes Minutes Gommittee of Adjustment Meeting coA2019-05 Thursday, May 16,2019 1:00 P.M. Gouncil Chambers City Hall 26 Francis Street, Lindsay, Ontario KgV sRB Members: Councillor E. Yeo David Marsh Andre O'Bumsawin Sandra Richardson Lloyd Robertson Steve Strathdee Accessible formats and communication supports are available upon request. 5 2 1 Gall to Order Chair Robertson called the meeting to order at 1 :01pm. Councillor E. Yeo and Members A. O'Bumsawin, S. Richardson, and S. Strathdee were in attendance Acting Secretary-Treasurer - M. LaHay Recording Secretary - C. Crockford-Toomey Absent: D. Marsh 2. Administrative Business 2.1 Adoption of Agenda 2.1.1 coA2019-05.2.1.1 May 16,2019 Committee of Adjustment Agenda Moved By Councillor E. Yeo Seconded By S. Strathdee That the agenda for May 16,2019 meeting be approved Carried 2.2 Declaration of Pecuniary lnterest There were no declarations of pecuniary interest noted. 2.3 Adoption of Minutes 2.3.1 coA201 9-004 .2.3.1 April 18, 2019 Committee of Adjustment Minutes Moved By S. Strathdee Seconded By S. Richardson That the minutes for the previous meeting held April 18,2019 be adopted as circulated. Carried 6 3 3. New Applications 3.1 Minor Variances 3.1.1 coA2019-022 David Harding, Planner ll File N umb er: D20-2019-01 4 Location: 2173 Elm Tree Road Part East 112Lot 3, Concession 1, Part 1, 57R-6378 Geographic Township of Fenelon Owners: Matthew and Amy Coultice Applicant: RWH Construction - Ryan Hayter Mr. Harding summarized Report COA2019-022, to request relief to permit a detached garage within a front yard instead of an interior side or rear yard. The application is a result of a Building Division enforcement matter. The detached garage was constructed without a building permit. Staff stated that they had discussed the proposed modifications with the owners. The Committee asked enquired why Condition 3, which requires the removal of the bus shelter, was recommended. Staff replied that the zoning by-law permits a maximum of three existing accessory buildings on a lot. Without its removal, there would be four buildings. The Committee questioned the intent of Condition 4, which requests modifications to the building elevation drawings, when the garage already exists Staff replied although the garage is already constructed, a permit has not been issued, therefore changes to add faux windows have not been included. The Committee asked for clarification on the Building Division enforcement issue Ms. Murchison, Chief Building Officialwas present and spoke to the Committee regarding timeline of events. Ms. Murchison concluded that in January, 2019 the building inspector was contacted to conduct the final inspection, but upon review, the inspector noted that a building permit was not issued. The Committee asked for confirmation as to whether a building permit was issued. Ms. Murchison confirmed that no building permit was issued. The applicant, Ryan Hayter of RWH Construction was present and spoke to the Committee. He began by thanking the Committee and Staff. Mr. Hayter continued to say he had applied for a building permit and had an initial meeting 7 4 with the building inspector. He stated that while there is no hardcopy evidence that his office was contacted notifying them that the building permit was not issued, he took full responsibility for building without a permit. He further stated that he has been working with the City to bring the building into conformity. The Committee asked the applicant if it is common practice to build without a permit in hand. Mr. Hayter replied it is not uncommon for the building inspector to give a verbal go-ahead with the building permit to follow. The Committee responded by asking whether the owners or his company were responsible for causing this situation. Mr. Hayter replied that his company takes full responsibility. The Committee stated it takes 10 days to issue a building permit, and questioned why his company did not wait until the permit had been issued to proceed with construction. The Committee continued by asking if it was conveyed to him that the building did not comply with the zoning by-law, which is why the permit was not issued. Mr. Hayter said he could not recall timelines, but stated that everyone gets busy and he realises that he erred. Mr. Hayter stated that he had been advised by Staff that windows will need to be placed upon the garage, and is concerned that the windows serve no purpose and pose a security concern as it will allow people to see in. The Committee noted that the staff report had taken that concern into account, and that faux windows were proposed instead. The Chair cautioned Mr. Hayter that there are rules to abide by. One of the owners, Mrs. Coultice was present and spoke to the Committee. She stated that she will accept whatever treatments the Committee deems necessary, but would prefer plantings instead. Councillor Yeo supported the staff recommendation and agreed with the Chair that the rules must be followed. The Committee or other persons had no further questions Moved By A. O'Bumsawin Seconded By S. Richardson That minor variance application D20-2019-014 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: 8 5 1. That the building construction of the detached garage related to this approval shall proceed substantially in accordance with the sketch in Appendix C submitted as part of Report COA2019-022, which shall be attached to and form part of the Committee's Decision; 2. That the east wall of the detached garage shall contain two artificial/faux windows in accordance with Appendix E to Report COA2019-022; 3. That prior to the issuance of a building permit the Chief Building Official or his/her designate shall submit written confirmation to the Secretary-Treasurer that the building identified as Bus Shelter on Appendix C to Report COA2019- O22has been removed; 4. That to satisfy Condition 2 the owner shall prepare and submit to the Planning Division building elevations of the detached garage to the satisfaction of said Division. The elevations are to be prepared in general accordance with Appendices D and E to Report COA2019-022, and said satisfactory elevations shall be submitted as part of an amended building permit application; and 5. That the building construction related to the minor variance shall be completed within a period of four (4) months after the date of the Notice of Decision, failing which this application shall be deemed to be refused. This condition will be considered fulfilled upon completion of the first Building Inspection. This approval pertains to the application as described in report COA2019- 022. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding. Garried 3.1.2 COA2019-030 Quadri Adebayo, Planner ll File N umb er: D20-2019-021 Location: 18 Baker Boulevard Part of Lots 22 and 23, Concession 1 , Part Shore Road Allowance, Part 4, RP 57R-3775 Geographic Township of Digby Owner: Stephan and Deborah Holtze Applicant: Stephan Holtze 9 6 Mr.